CBP Changes affecting the review of Penalty Cases

Due to changes in staffing within CBP General Aviation headquarters, the group is no longer able to support the centralized review and intervention of CBP Penalty Cases initiated by CBP ports against General Aviation operators. Due to a downsizing, the group no longer has the headcount necessary to continue providing this important service and thus the responsibility is falling back to the ports who can now unilaterally initiate and pursue penalty cases against GA operators directly. 

For approximately the last 10 years, CBP General Aviation Headquarters staff had been reviewing all penalty cases initiated by CBP ports against GA operators and encouraging the affected operators to share their version of the events and provide supporting evidence to support their case. By centralizing this review process, it helped to ensure that CBP regulations were being equitably applied across all of the CBP ports without unequal application from port to port.

During this time, CBP has also formed a CBP GA National Team consisting of officers from ports across the country which has been regularly interacting with CBP GA Headquarters to ensure that CBP regulations and priorities are being correctly applied across the country. This team serves as a bridge between headquarters and the ports to clarify policy, clarify application of regulations and ensure consistency. With this change in staffing at CBP GA Headquarters and the reassignment of responsibilities back to the ports, it is expected that the GA National Team will fill the void left by CBP GA Headquarters to ensure the continued, consistent, application of CBP regulations across the ports. 

We urge General Aviation operators to ensure compliance with CBP regulations and to take advantage of the International Trip Checklist created by CST Flight Services as well as to pose whatever doubts or questions that you may have to your international trip support company. We also want to emphasize the importance of documenting all interactions with CBP, especially saving your departure clearance emails from DHS after eAPIS has been filed, the name of the officer who grants you permission to land on Arrivals in the US and the name(s) of the officers who meet your aircraft once you have landed back in the US. If you believe that a penalty case is being initiated against you, ask to speak with a supervisor at the port. Many penalty cases can be quashed at the port with good communication, respect, professionalism and having well documented facts. If you have any questions, feel free to contact CST Flight Services at +1 786 206 6147.